A premises liability accident happens because of a preventable defect on the property. A serious premises liability accident could severely injure and maim a victim for life. If you are dealing with a serious personal injury, expensive medical bills, lost wages, and other damages because of a defect on someone else’s property in San Antonio, contact us. Our San Antonio premises liability attorneys can help you bring a claim against a landowner in Texas.

Why Choose the Law Offices of Maloney & Campolo?

  • Our San Antonio trial attorneys dedicate 100% of their attention to each individual client. You will benefit from undivided care and personal attention.
  • Our law firm has a proven history of successful claims. We have obtained more than $150 million in settlements and verdicts.
  • Our lawyers have a family legacy that spans 75 years in San Antonio. We have more than 20 years’ experience representing personal injury law clients.
  • Our firm takes on jobs using a contingency fee payment system. We only charge fees if we win the case.

San Antonio Premises Liability Quick Links

Do You Need a San Antonio Premises Liability Lawyer?

Sorting through a premises liability claim on your own could lead to common mistakes, missed deadlines, and settling for far less than your injuries are worth. Protect yourself and help your case by hiring a San Antonio premise liability lawyer to take over for you. A lawyer can enable you to focus on healing from your injuries and spending time with family while someone with experience handles your claim. Your premises liability attorney in San Antonio will fight for better compensation from the at-fault party’s insurance company, or else take your claim to court for top results.

What Is a Premises Liability Claim?

A premises liability claim is a type of civil lawsuit an accident victim can bring against the owner or controller of a property that contains a dangerous defect. If a property defect the landowner reasonably should have fixed caused the accident, the victim may have the right to file a claim for damages. The owner’s reasonable degree of care changes according to the type of visitor on the property.

  • Invitee. Duties include monitoring and inspecting the property for any hazards, repairing known defects, and warning visitors of existing risks that exist on the property.
  • Licensee. Duties include repairing known defects and posting warnings about potential dangers, but do not include inspecting the property prior to a visit.
  • Trespasser. The owner owes a trespasser no duties of care, other than a duty not to intentionally cause harm. The only exception is if the trespasser is a child.

Understanding which type of visitor you were at the time of your accident may take help from a San Antonio premises liability lawyer. It will depend on why you entered the property and whether you had the owner’s permission to do so. Identifying the property owner’s duties of care to you is one of the necessary steps toward obtaining compensation for damages.

Common Types of Premises Liability Accidents

In our decades of experience handling premises liability claims in Texas, we have come to recognize several common types of accidents that happen more than others. Any of the following circumstances could lead to a premises liability lawsuit.

  • Slip, trip, and fall
  • Dog bites
  • Asbestos exposure
  • Swimming pool accidents
  • Elevator/escalator accidents
  • Structural collapses
  • Negligent security
  • Fires or floods
  • Road/parking lot defects
  • Amusement park accidents

No matter how or where your recent injuries or illness occurred, speak to a personal injury attorney in San Antonio from the Law Offices of Maloney & Campolo to discuss your rights. An investigation may show signs of a defective premises.

How Owner Negligence Affects Cases

Negligence is an integral part of a premises liability case in San Antonio. Property owner negligence means the landowner or person in control of the property did not act in a way that a reasonably prudent party would have in the same circumstances.

To hold a property owner accountable for a premises-related accident, the victim or plaintiff must prove negligence. This requires evidence of four key elements:

  1. Duty of care: a responsibility the defendant owed to the victim to prevent foreseeable accidents and injuries to property visitors.
  2. Breach of duty: an act or omission that falls short of the defendant’s duty of care.
  3. Causation: the defendant’s failure to uphold the duty of care was the proximate or actual cause of the plaintiff’s injuries.
  4. Damages: the plaintiff suffered real, compensable losses because of the defendant’s negligence, such as bodily injuries and medical bills.

These elements must be proven as more likely to be true than not true (a “preponderance of the evidence”) to hold the defendant accountable for a premises liability accident. Evidence to support a case may include photos of the property hazard, video footage of the accident, statements from eyewitnesses, property maintenance records and injury documentation.

What Is the Property Owner’s Duty of Care?

The defendant in a premises liability claim must hold the position of someone who was in control of the property at the time of the incident, such as the landowner, landlord, tenant or occupier. This gives the individual or entity a legal obligation (duty of care) to use and control the property in a reasonably safe manner.

The specific duty of care owed by a San Antonio property owner depends on the status or classification of the visitor, as stated above. The day-to-day responsibilities of a prudent property owner in Texas may include regularly inspecting the land and buildings for new or hidden hazards, repairing discovered defects right away, posting warning signs regarding non-obvious injury risks, and generally maintaining a safe premises.

Who Can Be Held Liable for a Premises Liability Injury Claim?

“Liability” in a premises liability case refers to owing a legal and/or financial responsibility to someone else. Any person or party that failed to fulfill their duty of care in a way that resulted in harm to a property visitor in San Antonio could potentially be held liable for damages.

Common defendants include:

  • A homeowner, landowner or commercial property owner
  • A landlord or property management company
  • A business or corporation (e.g., a grocery store, retail outlet or supermarket)
  • A school or daycare facility
  • An employer (dangerous work environment)
  • A government agency (public property accidents)
  • Event space owners or operators
  • Maintenance crews or cleaners

Understanding who is liable for your San Antonio premises liability accident is one of the first steps toward securing a fair financial recovery. At the Law Offices of Maloney & Campolo, we have the tools and personnel to conduct a thorough investigation of your accident to determine the identity of the defendant(s).

Damages Available for Victims of a Premises Liability Claim

The damages or financial compensation that may be granted through a settlement or judgment award in Texas depends on the specific losses suffered by the accident victim, the severity of the injuries, the amount of insurance available and various other factors.

In general, economic (tangible) and non-economic (intangible) damages are both available to a premises liability accident victim. This can include:

  • Current and foreseeable medical bills
  • Lost wages, income and employment benefits
  • Diminished capacity to earn due to a disability (long-term or short-term)
  • Personal property damage or losses
  • Pain, suffering and emotional distress
  • Loss of enjoyment of life
  • Punitive damages, in rare cases

It is typically recommended that premises liability accident victims discuss their cases with personal injury lawyers before accepting fast insurance settlement offers. Offers are often placed low to protect the interests of the insurance company. A lawyer can accurately calculate how much your case is worth.

What to Do After a Premises Liability Accident

If you suffer an injury while on someone else’s property in San Antonio, try to stay calm and take the following steps to protect your health, safety and legal rights:

  1. Try not to make any large or sudden movements; stay still and check yourself for signs of injury, such as pain, swelling or bleeding.
  2. Report the accident to someone on the premises. Explain that you were injured and that you need medical attention and an accident report.
  3. Document the property hazard that caused your accident by taking pictures before it gets cleaned up or removed.
  4. Look around for video cameras that may have recorded the accident. If you see any, ask the owner for a copy of the footage.
  5. Get professional medical care without delay. Even if you initially think you are uninjured, you may have a hidden or delayed injury.
  6. Keep copies of your medical bills, lost wages, out-of-pocket costs and other damages caused by the accident.
  7. Contact the property owner’s homeowners or commercial insurance company to file an injury claim. Before accepting a settlement, consult with an attorney at Maloney & Campolo.

What you do and don’t do in the immediate aftermath of a serious accident on someone else’s property matters. Insurance companies study a claimant’s actions in the hours and days after an accident for reasons to deny coverage. The most effective way to protect your rights is by contacting a lawyer early on for advice and assistance.

How to Speak With the Property Owner After an Accident

It’s important to know what to say – and what not to say – to a property owner after a harmful accident on their premises. Certain words and phrases can be used by an insurance company to blame you for the accident and reduce (or deny) your payout based on Texas’s comparative negligence law.

Report the accident right away to an authority figure on the property. Don’t apologize or say you’re sorry for the accident. This could be misconstrued as an admission of responsibility for your injury. Don’t confess to having caused or contributed to the accident in any way. Avoid speculating about what happened or who caused your accident.

Be polite – don’t start an argument or altercation with the property owner while reporting your accident. Keep your answers to questions short, concise and strictly factual. Get the property owner’s basic information and contact details. Write a description of everything that was said and done between you and the property owner for your records. Then, reach out to our attorneys.

Contact Us Today

We can help you hold an at-fault property owner in San Antonio accountable for your medical expenses, lost income, pain and suffering, and other losses. A premises liability claim could be the only way to secure justice and financial recovery after a major, preventable accident. Our group of San Antonio premises liability lawyers has years of experience and the passion to see your claim through. We accept cases throughout Texas, including Austin and the Dallas-Fort Worth area. Call (210) 922-2200 or request a free consultation online today.